The Santa Cruz Sleeping Ban is a local law that defines sleeping at night as “camping” and prescribes a $97 fine for falling asleep outside a house or hotel within City limits. Using one’s vehicle as housing is illegal. With only 160 beds in the Winter, for the city’s 1500-2000 homeless residents, the law in effect makes it a crime to be homeless. We intend to end this law so dignified solutions can be implemented.

Friday, January 11, 2008

We ask for the right not to sleep anywhere or everywhere , but somewhere.

Legalize SleepCivil rights attorney David Beauvais down in Santa Cruz rounding up plaintiffs for a lawsuit against the City and city police, talks about Santa Cruz's harsh and unique "Sleeping Ban" law. MC 6.36.010 makes the act of falling asleep on all public property and much private property a $97 crime for 1300-1500 shelterless people each night.

If you have a ticket under the following codes, you may be able to enjoin in a lawsuit against the City to end the Sleeping Ban.We ask for the right to sleep NOT anywhere and everywhere , but somewhere.

The Camping Ban (MC 6.36.010a) activists aptly named the Sleeping Ban makes it illegal for the simple act of sleeping -- at night. The name must fit as now even our mayor is using the term. (Watch the Sleeping Ban Debate)

In Santa Cruz, the most flagrant and demoralizing example of the criminalization of poverty is this ordinance, known as the "Camping Ban," MC 6.36.010. Section (a) prohibits the act of sleeping between 11 p.m. and 8:30 a.m. anywhere outdoors or in a vehicle on both public and private property within the city limits. Activists call this the "Sleeping Ban." We are dedicated to ending this ban and finding real solutions, such as "Safe Sleeping Zones" for vehicles and campers. This is cheaper, easier to police and is a way of dealing with the issue in a legal dignified manor.

Organizations are banding together and the plaintiff list is growing. As you can see by the date of the post, the blog is just starting but will be a focal point for information, status, and ways you can help. Sleep is a human right and a basic necessity. Please help us in restoring that right.

For more information on this draconian law see the following articles on Indybay.org

2 comments:

It is about time the City of Santa Cruz wake up and end this law and the others that make poverty in essence a crime. I hope this suit goes the distance.

They continue to make more laws aimed at the poor, and while doing so demoralize the homeless population. This is important, because the more you treat people in this manor the more they will act in ways defiant of the city. The waste of resources chasing around poor people should be enough to sway even those most...far right on these issues.

Its a consumer driven society now, and a consumer driven government that seems to have no place for the poor, or people who wish to live in ways that are not in line with the consumer driven "American Dream" that has been so mutilated its nearly impossible to define.

We are told to fight terrorism we should go shopping in one of Bushes first speeches after 9-11.

Their fear is manifested in the laws they pass. Here is a law banning what MANY of the Founders wrote is a RIGHT of citizens when a government no longer represents them:

Section 2385. Advocating overthrow of Government

Whoever knowingly or willfully advocates, abets, advises, orteaches the duty, necessity, desirability, or propriety ofoverthrowing or destroying the government of the United States orthe government of any State, Territory, District or Possessionthereof, or the government of any political subdivision therein, byforce or violence, or by the assassination of any officer of anysuch government; orWhoever, with intent to cause the overthrow or destruction of anysuch government, prints, publishes, edits, issues, circulates,sells, distributes, or publicly displays any written or printedmatter advocating, advising, or teaching the duty, necessity,desirability, or propriety of overthrowing or destroying anygovernment in the United States by force or violence, or attemptsto do so; orWhoever organizes or helps or attempts to organize any society,group, or assembly of persons who teach, advocate, or encourage theoverthrow or destruction of any such government by force orviolence; or becomes or is a member of, or affiliates with, anysuch society, group, or assembly of persons, knowing the purposesthereof -Shall be fined under this title or imprisoned not more thantwenty years, or both, and shall be ineligible for employment bythe United States or any department or agency thereof, for the fiveyears next following his conviction.If two or more persons conspire to commit any offense named inthis section, each shall be fined under this title or imprisonednot more than twenty years, or both, and shall be ineligible foremployment by the United States or any department or agencythereof, for the five years next following his conviction.As used in this section, the terms ''organizes'' and''organize'', with respect to any society, group, or assembly ofpersons, include the recruiting of new members, the forming of newunits, and the regrouping or expansion of existing clubs, classes,and other units of such society, group, or assembly of persons.

The federal government is allowing MILLIONS of illegals to invade our country who are causing immense economic harm to America's working poor. Corporate America is becoming increasingly more powerful and influential. Yet, according to the government of for and by the elites YOU, a citizen, have to accept whatever the government does with NO recourse other than voting...... and there is sufficient proof that shows to me voting is worthless since the entrenched power structure ensures that the emplaced elite class can not be removed.

Several Founders specifically wrote of the people's right to abolish a government when it no longer represents them.

Clip Cast

The Cost of War

Our Objective

For three decades Santa Cruz authorities have used The Nighttime Sleeping Banto selectively harass and drive away homeless people. The ordinanceMC 6.36.010a is a law against sleeping on any public property, or in a vehicle and most private property between the hours of 11PM to 8:30 AM. In a town with emergency walk-in shelter for less than 60-160 people and an estimated homeless population of 1500-2000, this law is unconscionable, unconstitutional and immoral. The Blanket Ban makes it illegal to cover up with blankets or bedding outside during the same nighttime hours.

After the Jones decision of the 9th Circuit Court of Appeals and the subsequent Jones Settlement, nighttime camping bans in Los Angeles, Fresno, Richmond and San Diego were eliminated. Activists in Santa Cruz took heart and began preparing for a legal challenge here.

We hope to challenge not only the Santa Cruz's infamous Sleeping Ban , criminalizing the very act of sleeping at night, but also any and all police practices that abusively and selectively target homeless people for necessary survival behavior such as sleeping. Given the city-acknowledged shelter emergency, the city has done little to resolve in spite of its "progressive" pretensions.

Attorneys from Berkeley, Santa Cruz, and Washington, D.C. are putting together the pleadings. Attor­neys from San Francisco, Los Angeles, San Diego and Sacramento are helping.

The City Attorney and Mayor Ryan Coonertyhas resisted any and all efforts to reform the Sleeping Ban so that it conforms with the 9th Circuit decision. We are fund-raising and gathering plaintiffs to take the course directly to federal courtand expect to have an action filed in February.

Howard Zinn Speaks out on the Sleeping Ban

"I think we should interruptthe sleep of people who passsuch laws."*Howard Zinn 10/25/97*

Speaking in response to theSanta Cruz Sleeping Banat an event sponsored by theResource Center for Nonviolence._______________________________________________________Santa Cruz Mayor Ryan CoonertyReaffirms Sleeping BanIn November 2007, Coonertyreaffirmed his support for theSanta Cruz outdoor nighttimesleeping ban in spite ofa California Supreme Courtdecision declaring similar localCalifornia laws unconstitutional.[2][3]This law was challenged mostvisibly by a homeless camp outon the lawns of City Hall inAugust 2007.Then Vice-Mayor Coonerty refused tomeet with homeless advocates._______________________________________________________The death of Robert WagnerA Lonely Death on the Doorstep of City Hall______________________________________________________